ORDER
SHEET
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Date Order
with signature of Judge
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For
hearing of Bail Applications
08.09.2016
Mr.
Muhammad Daud Narejo advocate for Applicant.
Mr.
Abrar Ali Khichi APG.
By
this common order I intend to dispose of instant Criminal Bail Applications filed
by the Applicant/accused Bassar Alias Bakho son of Muhammad Khushik in FIR No.78/2016
under section 324, 353, 402, 399 PPC and FIR No.79/2016 under section 23(i)(A)
Sindh Arms Act, 2013 both registered at P.S. Mirpur Sakro as the same are
upshot of one and same crime.
Brief
facts of the case are that on 20.08.2016 at 005 hours the accused persons
reached at Tamka Chowk near Sakro where they attacked on the police party and
in retaliation police also made firing in their defence, therefore instant FIRs
were registered.
Learned counsel
for the applicant submits that neither the applicant was present at the place
of incident nor any revolver was recovered from his possession. Learned counsel
for the applicant further submits that Applicant was called at Police station
from his house and then he was falsely implicated in the present crime. He
further submits that recovery of revolver has been foisted upon the applicant
at the instance of the complainant. As per learned counsel the prosecution is
not free from doubt as according to FIR encounter took place but neither any
person received injury nor any bullet hit the mobile van parked at the place of
incident. According to learned counsel for the applicant the applicant/accused
has been involved in the instant case by the police officials due to enmity as
the applicant filed a Constitution Petition against the police. He has placed reliance upon 2012 YLR 178, 2000
P.Cr.L.J. 1821, 2009 YLR 1122 and 2003 P.Cr.L.J. 1839.
Learned APG opposes
the grant of bail to the applicant and submits that the applicant was
apprehended at the spot and revolver was recovered from his possession.
I have heard Mr. Muhammad Daud Narejo counsel for the
applicant, Mr. Abrar Ali Khichi APG and carefully perused the material
available on record as well as case law with their assistance.
On tentative assessment of the material available on
record, it appears that as per prosecution story five persons were standing on
the road alongwith one car and in the incident of firing from accused persons
and police party none of them received any bullet injury and even no bullet hit
the police mobile parked at the place of incident, therefore, the case of the
applicant requires further inquiry. In the case reported in 2009 YLR 1122 (Sain Bakhsh
versus the State), it has been held that;
“None from the police party had sustained any injury
due to the alleged firing of accused during exchange of firing between accused
and police party.
According to learned Counsel for the applicant,
applicant was arrested on 21.06.2015 from his home by the police of P.S.
Darakhshan and they kept him for three days in their illegal confinement but no
application was given by any of applicant’s family member to any competent
Court of law, Inspector General Sindh, Governor Sindh or any other law
enforcing agency regarding his illegal confinement and they kept silent for
three days, which does not appeal to the mind of a prudent man.
It is stated in para-12 of the Bail Application that
there was enmity of applicant with Ali Borahi posted at Sukkur as T.P.O. on
amount dispute i.e. transfer of vehicle purchased by applicant from him and
Applicant’s wife submitted complaints to I.G. police through TCS. A perusal of
complaint, which was made to the I.G. on 25.06.2015 after one day of lodging of
instant FIRs, shows that said complaint was made against the Investigating
Officer for demanding bribe for releasing the Applicant and not a single word
is mentioned about Ali Borahi above-named. It is also surprising that how a
Investigating Officer can release an accused after lodging of FIR wherein the
name of the accused is mentioned and recovery has been effected from his
possession. Furthermore, no documents of vehicle viz. agreement/sale receipt/transfer
letter/delivery letter has been produced on record to show purchase of vehicle
from said Ali Borahi and even description of vehicle is not mentioned.
Therefore, the Applicant has failed to establish any enmity with the police
officials and at the moment sufficient material is available on record which
prima facie connects the Applicant in the instant crimes.
Above are the reasons
of my short order dated 16.10.2015 whereby present bail applications were
dismissed. However, learned Trial Court was directed to conclude the trial
within Three (03) months from the date of receipt of this order.
The observations made
are of tentative nature and the Trial Court shall not be influenced by any of
such observations.
Karachi J
U D G E
Dated:_________________